Indian Judicial System
*Integrated Judiciary
*Independent Judiciary
*Supreme court,High Courts, Subordinate Courts
SUPREME COURT
*Part 5
*Article 124 to 147
*Article 124-Establishment of Supreme Court
*From 28 January 1950(GOI Act 1935)
*It's present seat is at Delhi however Chief Justice of India can declare any place as Seat of Supreme Court
*Custodian of Constitution of India
*Parliment cannot curtail Jurisdiction of Supreme court but can Expand
*Composition of Judges-From 2019 34(previously 31) including Chief Justice of India
*Chief Justice of India and Judges of Supreme court are appointed by President of India
*Qualification-Should be Citizen of india,Judge of High Court for atleast 5 years or Advocate of High Court for atleast 10 years or distinguished jurist in opinion of president
*Oath administered by President of India
*Tenure-Untill 65 years of age
*He can give Resignation letter to President,He can also remove by Parliment on grounds of 1) Misbehavior 2)Incapacity
*Judges Enquiry act (1968)-Removal motion signed by 100 members(In Loksabha) or 50 members(In Rajyasabha) Speaker of Loksabha or Chairman of Rajyasabha may admit motion or refuse to admit it,After motion is passed by each house of Parliment with special majority then address is presented to President to remove Judge
*Acting Chief Justice- Article 126
*President can appoint Judge of Supreme Court as Acting Chief Justice when Chief Justice is absent,vacant or when present Chief Justice of India unable to perform his duties
*Adhoc Judges-Article 127
*Chief Justice of India appoints Judge of High Court as Adhoc Judge of Supreme Court when there is lack in quorum(Here Chief Justice of India after consent of President and consultation of Chief Justice of respective High Courts
*Retired Judges-Article 128 Chief Justice of India can request a retired Judge of Supreme Court or High Court to act as Judge of Supreme Court for temporary period
*Article 130-Seat of Supreme Court(Presently at Delhi)
JURISDICTION OF SUPREME COURT
ORIGINAL JURISDICTION
*Article 131 -Dispute Between Government of India and one state or 2 or more states ,Between Government of India and any state or states on one side and one or more states at other side,Between 2 or more states
*Original Jurisdiction does not extend to Preconstitutional treaty ,Inter State Water Dispute and Matter related to Financial Commission
APPELLATE JURISDICTION
*Appeal from High Court to Supreme Court
*Article 132-In Constitutional matters
*Article 133-In Civil matters
*Article 134-In Criminal matters
*Article 136-Special leave to appeal by Supreme court
ADVISORY JURISDICTION
*Article 143
*President can seek opinion of Supreme Court
WRIT JURISDICTION
*Already discussed in Fundamental Rights (Refer Fundamental Rights Article 32)
JUDICIAL REVIEW
*Article 137
*Power of Supreme Court to examine the laws enacted by both Government of India and State Government
COURT OF RECORD
*Judgement, Proceedings and acts are recorded for Memories and Testimonies,These are not questioned before any court and they are recognized as legal references
*Contempt of court -Power to punish either with simple imprisonment or fine or both
*Contempt of court may civil or criminal
*Contempt of Court -Criminal Contempt means Scandalise or lowers the authority of court, Prejudice or interfere in proceeding of court,Interfere or obstructs administration of justice and Civil Contempt means Willful disobedience to any Judgement,order,writ or other process of court or willful breach of undertaking given to court .However innocent publication and reasonable criticism do not amount to contempt of court
OTHER POWER
*Ultimate interpreter of Constitutional
*Guardian of Indian Constitution
*Disputes regarding Election of President and Vice President
*Power to review it's own judgement or order
*Supreme Court binding on all courts
HIGH COURTS
*Part 6 in Indian constitution
*Article 214 to 231
*Article 214-There shall be High Court courts for each state
*CAA 7 th 1956- Common high Court for 2 or more states
*1862 high courts at Calcutta,Bombay,Madras and fourth high court established at Allahabad
*At present 25 High Courts in India
*Composition and Appointment of Judges-Constitution does not specify size of High Court Judges but leave it to discretion of President,Judges of High Court appointed by President of India and Chief Justice of High Court appointed by President of india after consulting with Chief Justice of India and Governor of Concerned states
*Qualification of Judges-Citizen of India, Judicial office in territory of India for 10 years or Advocate of High Court for 10 years, Constitution has no provision for appointment of a distinguished jurist as a judge of High Court
*Oath-Oath is prescribed by Governor of Concerned state
*Tenure-Constitution has not fixed tenure of judge of High Court ,He holds office till 62 years of age ,He can also give resignation letter to President,He can also remove from his office by president on Recommendations of Parliment on ground of Misbehavior or Incapacity(Same as Judge of Supreme Court)
*Article 222-President can Transfer judge from one High Court to Another High Court after consulting Chief Justice of India
*Acting Chief Justice of High Court-Article 223,President can appoint other Judge of the High Court as Acting Chief Justice when office is vacant or Present Chief Justice unable to perform his duty or he is absent
*Additional judges -President can appoint any Qualified person as additional judges of High Court for temporary period (2 Years)
*Retired Judges-Chief Justice of High Court can request retired judge of High Court to act as judge of High Court for temporary period
JURISDICTION OF HIGH COURTS
ORIGINAL JURISDICTION
*Matter of contempt of court,marriage, divorce, company laws
*Disputes regarding Election of MLA'S and MP'S
*Revenue matters in revenue collection
*Enforcement of Fundamental Rights
WRIT JURISDICTION
*Article 226
*Not exclusive but concurrent with Supreme Court
*Already discussed in Fundamental Rights
APPELLATE JURISDICTION
*Appeal from Subordinate courts in both Civil and Criminal cases
SUPERVISORY JURISDICTION
*High court is control of all courts and tribunal present in a state except military courts and military tribunal
COURT OF RECORD
*Same as Supreme Court
POWER OF JUDICIAL REVIEW
*Same as Supreme Court
NAME,BENCHES AND JURISDICTIONOF HIGH COURT
*Name-Year of Establishment-Jurisdiction-Bench
*Allahabad-1866-Uttar Pradesh-Allahabad,Lucknow
*Hyderabad-1954-Andhra Pradesh and Telengana-Hyderabad
*Bombay-1862-Maharasthra,Goa,Dadra and Nagar Haveli,Daman and Diu-Mumbai,Panaji,Nagpur,Aurangabad
*Calcutta-1862-West Bengal,Andaman and Nicobar-Kolkatta,Portblair
*Chattisgarh-2000-Chattisgarh-Bilaspur
*Delhi-1966-Delhi-Delhi
*Guwahati-1948-Assam, Nagaland,Mizoram and Arunachal Pradesh-Guwahati,Kohima,Aizawal and Itanagar
*Gujarat-1960-Gujarat-Ahmedabad
*Himachal Pradesh-1971-Himachal Pradesh-Simla
*Jammu and kashmir -1928-Jammu and Kashmir,Ladakh-Srinagar,Jammu
*Jharkhand-2000-Jharkhand-Ranchi
*Karnataka-1884-Karnataka-Bengaluru
*Kerala-1958-Kerala and Lakshadweep-Ernakulam
*Madhyapradesh-1956-Madhyapradesh-Jabalpur,Gwalior and Indore
*Madras-1862-Tamilnadu and puduchery-Chennai and Madurai
*Manipur-2013-Manipur-Imphal
*Meghalaya-2013-Meghalaya-Shillong
*Orissa-1948-Odisha-Cuttack
*Patna-1916-Bihar-Patna
*Punjab and Haryana-1875-Punjab,Haryana,Chandigarh-Chandigarh
*Rajasthan-1949-Rajasthan-Jodhpur and jaipur
*Sikkim-1975-Sikkim-Gangtok
*Tripura-2013-Tripura-Agartala
*Uttarkhand-2000-Uttarkhand-Nainital
HOW JUDGES ARE APPOINTED
*From 1950 to 1973 by convention Senior most judges appointed as Chief Justice of India
*In 1973 A N Ray appointed as Chief Justice of India violated this convention.He superseded 3 senior most judges
*First Judges Case or S R Gupta Case -1982-High court judge can be transferred to any high court even against his will
*Second Judges Case-1993-Birth of Collegium System
*Third Judges Case-1998-Collegium of 4 senior most judges ,Even if 2 judges in Collegium are against opinion Chief Justice of India will not recommend to Government
*Collegium system-4 Senior most judges, Opinion of Chief Justice of India binding on Government
*99th CAA 2014-National Judicial Appointment Commission(NJAC) replaced Collegium ,Supreme court declares NJAC as unconstitutional and now following Collegium system
FACTS RELATED TO SALARY GIVEN TO JUDGES
*Salary to Chief Justice of India and other Judges of Supreme Court are given from Charged Expenditure in Consolidated Fund of India
*Pention to Chief Justice of India and other Judges of Supreme Court are given from Charged Expenditure in Consolidated Fund of India
*Salary to Chief Justice of High Court and other Judges of High Court are given from Charged Expenditure in Consolidated Fund of Respective states but Pention is given from Charged Expenditure in Consolidated Fund of India
PUBLIC INTEREST LITIGATION
*Originated and Developed in USA
*Introduced in early 1980s by Justice Krishna Iyer and PN Bhagavathi
*Also known as Social Action Litigation,Social Interest Litigation and class action litigation
*Bonded labour matters, Neglected Children,Non payment of minimum wage to workers,petitions against police for not registering case,petition against attrocities of women , attrocities against SC,ST ,Backward class,family pensions and environment related are entertained as Public Interest Litigation
*Landlord and tenant matters, Admissions to medical and other educational institution and already hearing of cases pending in High Courts and Subordinate Courts are not be entertained as Public Interest Litigation
SUBORDINATE COURTS
*Lower Courts
*Subordinate to High Court
*Part 6 Article 233 -237
*District Judges are appointed by Governor of concerned State consulted with High court of concerned State
*Other Judges appointed by Governor of Concerned state Consulted with High Court and State Public Service Commission of concerned State
*Structure of Subordinate Court-District and session court
*Civil side-Subordinate Judge Court and Munsiff court
*Criminal side -Chief Judicial Magistrate court and Judicial Magistrate court
*District Judge is the highest Judicial authority in district ,he has original and appellate jurisdiction in both Civil and Criminal cases.
*When he deals with civil case,he is known as district judge and when he deals with criminal case he is called session judge
*Session judge has power to impose life imprisonment and death sentence(at death sentence it is subject to confirmation by High Court)
*Below District and Session judge there is subordinate judge(Civil) and Chief Judicial Magistrate (Criminal),At lowest level there is judicial Magistrate (Criminal) and Munsiff(Civil)
NATIONAL LEGAL SERVICE AUTHORITY
*Legal services authority act 1987
*Article 39 A Directive Principles of State Policy (Free legal aid to poor) and Article 22(1) in Fundamental Rights
*In every state State Legal services authority and in every High Court ,High Court Legal services Commitee constituted and District Legal Service Authority constituted in each districts
*To provide free legal service(Payment of Court Fee,process fees,Free service of Lawyers in court proceedings,Obtain Certificate copies and documents regarding court proceedings) to necessity person(Women and Children,SC/ST Members,Industrial workers,victim of disaster,Disabled person,Person in custody,Annual income not exceeding 1 lakhs in High Court and District Court and 1 lakhs 25000 in Supreme court,victim of trafficking in human beings),law awareness camps in rural areas
LOK ADALATS
*People's court
*Status of decree of civil court
*Not appeallable
*First Lok Adalat-Gujarat
*Chairman who has been District judge or Additional District judge
*Case pending in court which is at pre litigation stage compromised here
*One of components of Alternate Dispute Resolution
*Less expensive,Less time consuming are advantages of Lok Adalats
*Disputes like Marriage,Land Acquisation,Labour,Bank recovery,Pention,Housing Board Clearances,Slum Clearance,Housing Finance,Consumer Grievance,Electricity,Telephone bills ,Local Government matters can be taken up to Lok Adalats
FAMILY COURTS
*Disputes regarding marriage and family matters
GRAMA NYAYALAYAS
*Grama Nyayalayas act 2008
*Providing Justice at grass root level and at door steps
*Presiding officer will be Nyayadhikari appointed by state government in consultation with High Court
*Established at every Panchayat,He is judicial officer
*They can have mobile courts for both Civil and Criminal cases
TRIBUNALS
*42nd CAA 1976-Part 14A Tribunals
*Original constitution not contain Provisions regarding Tribunals
*Article 323 A-Central Administrative Tribunal (Jurisdiction extends to All India service,Central service)setup at 1985
*Article 323 B-Tribunal for other matters
*National Green Tribunal,National Company Law Appealate Tribunal,Debt Recovery Tribunal etc
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